Littleton, CO asked in Real Estate Law for Colorado

Q: In Colorado is a moveable shed without a foundation considered real property and have to be sold with the house?

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1 Lawyer Answer

A: First review the purchase agreement, land sale contract, and description of the property associated with the deed. Look for the term "fixture" or description of the shed. If the term is not described, then a facts and circumstances test is required (this means reviewing Colorado case law--do not try reviewing case law without consulting a lawyer). As a general rule a fixture is chattel (movable property) that is substantially affixed to the land (note: the lack of a foundation does not necessarily make item movable). Contact the broker and/or other party to gain either consent or at least notify of other side of your interpretation that the shed is part/not part of the sale.

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